Roberts v. Rubio

In an action, inter alia, for the dissolution of a partnership and an accounting, the appeal is from an order of the Supreme Court, Richmond County (Cusick, J.), dated October 26, 1990, which denied their motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In 1956, the plaintiff and the defendant Dominic Rubio entered into a partnership and conducted their business under the name Heberton Construction Co. Thereafter, in 1960, the parties filed with the Clerk of Richmond County a "Certificate of…